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Ross Cameron Hart
Hart & Hart Attorneys Ltd
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Biography
I was born and grew up in the area - my family has served the legal needs of the area since 1892, over 120 years. My goal is to explain the legal process in plain English and to avoid the 'technical lawyer words' which only confuse many people. The primary focus of my firm is now "Elder Law" which broadly includes estate planning, Nursing Home admissions and Medicaid applications and adult guardianship. After a family member dies, we advise and assist in the estate administration process. In short, we help families plan and deal with aging and death and navigating the legal system.
Practice Areas
- Elder Law
- Probate
- Probate Administration, Probate Litigation, Will Contests
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Fees
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Rates, Retainers and Additional Information
We charge a modest consultation fee which is less than half of the normal hourly rate for professional services. Our consultation usually takes an hour and frequently provides advice and information that the individual can use immediately. The fee for continued services is discussed at the consultation.
Jurisdictions Admitted to Practice
- Virginia
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- 4th Circuit
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Languages
- English: Spoken, Written
Professional Experience
- Owner/President
- Hart & Hart Attorneys Ltd
- - Current
- Family firm begun by my grandfather and his brother (Hon. John L. Hart) in 1892
Education
- University of Virginia School of Law
- J.D. (1976)
- -
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- Monmouth College
- B.A. (1973) | Business Adm
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Awards
- SuperLawyer
- SuperLawyers
- First listed as SuperLawyer in 2019 and annually since. Recognition of top 5% of lawyers in field of law
- Chapter Member of Year
- Virginia Academy of Elder Law Attorneys (VAELA)
- VAELA is a group of around 200 lawyers focusing on Elder Law; award recognizes member of chapter who contributes time, expertise, etc. for the chapter and other members.
- Pro-bono Award, 2008 (23rd Circuit)
- Virginia State Bar
- Award for pro-bono (low income clients)
Professional Associations
- NAELA
- MEMBER
- - Current
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- Virginia Academy Elder Law Attorneys
- Director
- - Current
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- Salem/Roanoke County Bar Ass'n
- Member
- - Current
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- Virginia State Bar
- Member
- - Current
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Websites & Blogs
- Website
- Hart & Hart Attorneys Ltd.
Legal Answers
171 Questions Answered
- Q. Can VA amended list of heirs reflect passing of heir before distribution?
- A: First, do you have a lawyer advising on the handling of the estate? If not, please consult one to make sure no one makes an expensive mistake.
Second, the 'list of heirs' speaks as of the date of death; no amendment to the first one is needed. Instead, file a list of heirs (if the estate is going to have formal administration) or Real Estate Affidavit (if no estate administration) for the individual who just died which will establish the chain of title (ownership) for future handling. An experienced probate lawyer can guide you on this; consult one.
- Q. Is a written eviction notice from the landlord required in Virginia for non-payment of rent?
- A: Virginia Code 55.1-1245(F) requires a 5 day written notice 'served' on tenant; 'served' can be hand delivered by landlord .
- Q. Are any marriage assets excluded from 50/50 distribution in VA dower state?
- A: Unfortunately, you misunderstand the complexity of Virginia inheritance (and divorce) laws. There's a lot of 'if this fact, then that result' analysis needed. Focusing ONLY on the decedent's estate part of your question, 1) is there a will? If not, 2) does either party have children with someone OTHER than the surviving spouse? 3) is any property owned in survivorship (bank accounts, real estate, vehicles)? I don't do divorce work so won't answer that part, but it's just as complex.
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